S.L. 399.48 чл. 17Geographical surveys of network deployments.

(1) The Authority shall be responsible for the conduct of a geographical survey of the reach of electronic communications networks capable of delivering broadband (‘broadband networks’) by 21 December 2023, and shall update it at least every three years thereafter.

(2) The geographical survey referred to in sub-regulation (1) shall include a survey of the current geographic reach of broadband networks within Malta, as required for the tasks of the Authority and, or other competent authorities under the Act, these regulations or any other applicable law, and for the surveys required for the application of State aid rules.

(3) In undertaking a geographical survey in accordance with this regulation, the Authority may also decide to include in the geographical survey, a forecast for a period determined by it of the reach of broadband networks, including very high capacity networks, within Malta:

Provided that such forecast shall include all relevant information, including information on planned deployments by any undertaking or public authority, of very high capacity networks and significant upgrades or extensions of networks to at least 100 Mbps download speeds. For this purpose, the Authority shall request undertakings and other public authorities to provide such information to the extent that it is available and can be provided with reasonable effort.

(4) The Authority shall decide, with respect to tasks specifically attributed to it under the Act and these regulations, the extent to which it is appropriate to rely on all or part of the information gathered in the context of a forecast undertaken in accordance with this regulation.

(5) The information collected in the geographical survey shall be at an appropriate level of detail and shall include sufficient information on the quality of service and relative parameters and shall be treated in accordance with regulation 15(9).

(6) The Authority may designate an area with clear territorial boundaries where, on the basis of the information gathered and any forecast prepared pursuant to sub-regulation (3), the Authority determines that, for the duration of the relevant forecast period, no undertaking or public authority has deployed or is planning to deploy a very high capacity network or significantly upgrade or to extend its network to a performance of at least 100 Mbps download speeds. In so doing the Authority shall publish the designated areas on its website.

(7) Within a designated area, the Authority may invite undertakings and public authorities to declare their intention to deploy very high capacity networks over the duration of the relevant forecast period. Where this invitation results in a declaration by an undertaking or public authority of its intention to do so, the Authority may require other undertakings and public authorities to declare any intention to deploy very high capacity networks, or significantly upgrade or extend its network to a performance of at least 100 Mbps download speeds in this area:

Provided that the Authority shall specify the information to be included in any such submissions made in accordance with this regulation, in order to ensure at least a similar level of detail as that taken into consideration in any forecast pursuant to sub-regulation (3):

Provided further that in so doing, the Authority shall also inform any undertaking or public authority expressing its interest as to whether the designated area is covered or likely to be covered by a next-generation access network offering download speeds below 100 AND SERVICES (GENERAL)

Mbps on the basis of the information gathered pursuant to this regulation.

(8) The Authority shall only impose sanctions in the context of the procedure referred to in sub-regulation (7) where an undertaking or public authority knowingly or due to gross negligence provides misleading, erroneous or incomplete information:

Provided that when determining the amount of fines including where applicable of daily fines to be imposed in such instances, the Authority shall consider whether the behaviour inter alia, of the undertaking or public authority has had a negative impact on competition and, in particular, whether, contrary to the information originally provided or any update thereof, the undertaking or public authority either has deployed, extended or upgraded a network, or has not deployed a network and has failed to provide an objective justification for that change of plan.

(9) Measures pursuant to this regulation shall be taken in accordance with an efficient, objective, transparent and non-discriminatory procedure, whereby no undertaking is excluded a priori.

(10) The Authority in defining coverage obligations attached to rights of use for radio spectrum and for verifying availability of services falling within the universal service obligations in Malta, shall take into account the results of the geographical survey and of any designated areas pursuant to this regulation.

(11) The competent authorities including where applicable local or regional authorities with responsibility for the allocation of public funds for the deployment of electronic communications networks and for the design of national broadband plans shall take into account the results of the geographical survey and of any designated areas pursuant to this regulation.

(12) When conducting the geographical survey the Authority shall supply those results to other relevant authorities subject to the receiving authority ensuring the same level of confidentiality and protection of business secrets as the Authority, and shall inform the parties which provided the information accordingly. Those results shall also be made available to BEREC and the European Commission upon their request and under the same conditions.

(13) If the relevant information is not available on the market, the Authority shall make the data from the geographical surveys which are not subject to commercial confidentiality, directly accessible in accordance with Directive 2003/98/EC to allow for its reuse:

Provided that the Authority shall also, where information tools enabling end-users to determine the availability of connectivity in different areas are not available on the market, make available such tools ensuring that these include a level of detail which is useful to support the choice of operator or service provider of the end-user.